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THE ADVOCATE AND NEWS. mil (Published December 15, 1807.) Appellate Court Syllabi. Kansas Court of Appeals, Northern De partment, Western Division. ' No. 136. James C. Pomeroy, plaintiff In error, vs. The Board of County Commissioners of Graham county, Kansas, and J. A. Mel lotte, as County Treasurer of Graham county, Kansas, defendants In error. Error from Graham County District Court. AFFIRMED. Syllabus. 1. The owner of land who attempts to buy the same at tax sale is not a purchaser, but a redemptioner. 2 The owner of land, In possession, who, without Inducement of fraud or mistake of factB, puys taxes assesned thereon, volun tary, cannot recover the same back, even though such levy is without authority of law. to refuse the reauest of a party to Instruct the Jury what Is the true Interpretation of such written contract. e rt V.. ononlal flnIInn-a nf thft llirv UnOtl nAfa ru tn Dm rllrmirm.tlon of the case and to the support of their gen eral veraict, are contrary iu iuo uu .,iHno in tha para, it In the dutv of the court to set aside both the findings and the verdict, and award a new trial. Filed November 6, 1897. A true copy. Attest: P. J. GOSS ISeal. Clerk. Filed November 5, 1897. A true copy. Attest: ISeaLJ P. J. GOSS, Clerk. Kansas Court of Appeals, Northern De partment, Western Division. No. 129. Ingolow & Grlffes, plaintiffs in error, vs. The Board of County Commissioners or j ... L.-.. ......... tiifati1nntd In Urunitm HHIIliy, rvniman, unci""" error. Krror from Graham County District Court. REVERSED. Syllabus. 1. The plaintiffs, publishers of the county . in llrihnm muntv fllilixl tn fil the proof of publication of notice of tax sale tor tno year isim wunm luunwu un the last Issue of the paper containing the a a famllr..,! hv IMT n!kY7 fit thfi fifll- iral Statutes of 1889. The Legislature of lyja passea a snet-iai i-umuvu vi mto titmffiilarltu anrt twinlrlnir thw pountV Of -., nsv tha nlnlntlff thofr tf.Ctt for such publication. This special act does not Violate tne provisions OL par. n ui an. m tne Biaie connuiuuuu. 2. The title of the special act, which Is as follows: "An act to legalize the printer's affidavit of the publication of notice to sell real estate for delinquent taxes and the filing of the same, and the collection of tvpM nnd fhftrcpa thereunder by the Oountv Treasurer In the county of Gra ham. KtRta of Kansas, lrt the year 1893," clearly expresses the subject matter of the bill; nor does tne act violate tne provisions or par. lo, art. z or tne conauiuuou. 3. The fourteen days within which the n mihllnnrinn In tn hft fllpd hnsrins to run from the date of the last issue of the paper containing the notice oi saie. Kansas Court of Appeals, Northern Dei- partment, western ui vision. No. 123. James K. Spencer and Sarah E. Spencer, piainmis in error, The Iowa Mortgage Company, defendant in error. Error from Decatur County District Court. REVERSED. Syllabus. 1 Tf la nr. crrnr fnr thA Dlfltrk't COUrt tO grant a change of venue upon proof, by affi davit, undisputea, mat tne juukb w u court Is a material witness on behalf or the party moving for such change, and which proof discloses the facts which the party proposes to prove by such witness, and it appears therefrom that the evidence is material upon tne irmi ui i"o said case. T ..linn nnnn a Tinf A And TriOrt 09 0-A for personal Judgment and foreclosure, ,v,..i. ths onawor ndmlta tha slirnlnir but denies the delivery of said note and mortgage, unaer oum, mo umucu m Is upon the plaintiff, and It is error for the court to place such burden upon the de- lenuant. 3. In order to Justify the payment of imH a nrnKoiul I n tf In irn minhmeilt In the Justice's court by the record of such proceeding it must appear upon mo tnereoi tnat tne jusucb uuioiucu tlon both of the defendant and garnishee, nnH thsif th irarninhee was compelled by due process of law to pay the Bame. i n-v, ooolol flndlnir nf tart rpmiested by the defendants to be submitted to the jury ana rerusea oy mo imn wi.i ,- dressed to material imuu m um nni it was error for the court to refuse to submit them. r f,.nA hnrpnmiul hv a hunhnrid and wife on'a mortgage upon their homestead, which the wire is inaucea to sign oy leyiuacu ., i.. nn the. iori nt thp mnrta-nirfift and her husband that she shall have the same for the purpose of maKing improvements upon her home and buying cows to stock if,. Dm i.onnnt withrmt har consent, be ....n..'ioH W thA mnrtrnirpfl to the dis- charge or tne antecedent utuu vi mu band. Filed November 6, 1897. A true copy. Attest; Seal. P. J. GOSS. Clerk. Kansas Court of Appeals, Northern De partment, Western Division. No. 120. . The City of PhilHpsburg, Phillips county Kansas, plaintiff In error, vs. James Klncald, defendant In error. Error from the District Court of Phillips County. REVERSED. Syllabus. Where the petition shows upon its face that the plaintiff's cause of action was barred by the statutes of limitation at the time said action was begun, a demurrer thereto upon the ground that Baid petition does not state facts sufficient to constitute a cause of action should nave oeen sus tained. Filed November 5, 1897. A true copy. Attest: Seal. P. J. GOSS, Clerk. Kansas Court of Appeals, Northern De partment, western uivision. No. 122. John M. Burton, plaintiff In error, vs. I. M. Yost Milling Co., defendant In error, Error from Kills county mstnci court, . REVERSED. Syllabus. 1. In the trial of a case to a Jury wherein there is any disputed issue of fact upon all the evidence, it Is not error for the court to overrule a demurrer thereto and submit the case to a Jury. 2. If an issue of fact is sustained by the undisputed evidence in the case, it Is error for the court by its instructions to submit the question to the Jury to be decided by mem. 3. In the trial of an action, the basis of which la a contract evidenced entirely by letters between the parties. It is the duty of the court to tell the Jury by its. In structions what is the legal effect or lntef pretatlon of such written contract: and it la error for the court to submit to the Jury such Interpretation as a question of ract to oe by them decided. L In suflh case It Is error for 'the 'court Kansas Court of Appeals, Northern De partment, Western Division. No. 130. John Pope, et al., plaintiffs In error, - vs. John Amldon, defendant In error. Error from Rawlins County District Court. DISMISSED. Syllabus. By the Court McElroy, J. 1. In a valid proceeding, the purchaser by his bid and payment of the purchase money and Sheriff b return of the sale becomes a party to the record, and he has a right to bo heard in this court before any order Is made affecting his rights. 2. A, the plaintiff below, is dead and ho Is the only person named as defendant in error. The purchaser is not named as a party, the case-made was not served upon her. There is no defendant In error tn this court. No review of a judgment and order of the trial court upon a case-made can do nad witnout somo proper party ue- ing UrOUgni into couri us uumuam in error. Filed November 5, 1897. A true copy. Attest: ISeal. counters, shelving, drawers and prescrip tion case In a drug store are a part of the real estate or remain personal property, is largely a question of fact, and having been determined by the trial court upon the evi dence. Its findings thereon will not be dis turbed by this court. Filed November 5, 1897. A true copy. Attest: ISeal. J. GOSS, Clerk. Filed November 5, 1897. A true copy. Attest: I Seal. 1 J. GOSS. Clerk. Kansas Court of Appeals. .Northern De partment, Western Division. No. 131. Thomas Rassett, plaintiff In error, vs. The McKinley-Lanning Loan and Trust Co., a corporation, aim jonu p, iff of Rooks county, Kansas, defendants in error. Error from the District Court of Rooks coumy. Per Curiam. The only brief filed in this case Is one .71 vi nn TW.winlAv.I.nnnlne Loan and Trust Company v. Bass ett. which was decided in w raciuu fveputic t ...u, noair.n thA nln ntirr in er- ror raises- in this case that was not dis posed of in tnat. ine peuuou herein is therefore dismissed. Filed November 5, 1897. A true copy. Attest: ISeal. P. J. GOSS, Clerk. P. J. GOSS, Clerk. Kansas Court of Appeals, Northern De partment, western ui vision. No. 80. II. A. Ketner, plaintiff in error, vs. Wni, L. Dillingham, defendant In error. Error from Graham County District Court. DISMISSED. Per Curiam. The petition in error does not show In oaa rArwlnmri ThA t1(tltlf111 in error does not show what court tried tho case and committed tho aiiegou error, j. n transcript does not snow wnen tne piuau- fia.1 mu urhon thA liirlurmenl complained of was rendered. The petition in error in tnis caso is mn mum lum m i'. -sent any question of law in this court. Filed November !, 1M7. A true copy. . Attest: 1 . J. GOSS, I Son 1.1 Clerk. Kansas Court of Appeals. Northern De partment, Western Division. No. 117. W. R. HIU. plaintiff In error, vs. John W. Fisher, defendant In error, Error from Graham County District Court. AFFIRMED. Syllabus. By the Court. McKIroy, A. J. 1. In order to give the Court of Appeals Jurisdiction to examine the evidence offered before a referee, the aggrieved party must Bave his exceptions to the findings of fart and file his motion for a new trial. Filed November fi, 1S97. A true copy. Attest: P. J- ISeal. 'erk. Kansas Court of Appeals, Northern De partment, Western Division. No.'lS. Charles Howard, plaintiff in error, vs. I. M. Yost, et al., defendants In error. Krror frcrn tho District Court of Kills County. REVERSED. Syllabus. 1 Thrt fnct that one or more Joint makers of a promissory note Is released from lia bility thereon does not release any of the nther makers except to tho extent of tne amount actually paid thereon by the party so released. 2. Each of the makers of a promissory note Is primarily liable to the payee or r the who holder for lole amount due thereon. Filed November 5, 1897. A true copy. Attest: Seal. P. J. GOSS, Clerk. State of Kansas, ss. 1 p. J. Goss, Clerk of tho Kansas Court of Appeals, In and for the Northern De partment, Western Division, do hereby certify the above and foregoing to be a true, full and complete copy of the syllabi In the therein entitled cases as the same remain of record in my office. Witness my hand and the seal of said court, affixed at my office In the city of Colby, Kas., this 5t.h day of December A. D. Seal. P. J- GOSS, Clerk of the Kansas Court of Appeals, Northen Department. Western Division. First published December 1,1897. Notice to Holder of Bonds. Kansas Court of Appeals, Northern De partment, Western Division. . No. 132. The Traders' Bank, of Klrwln, Kansas, plaintiff In error, vs. The First National Bank of Klrwln, Kan sas, and Lydia A. Moulton and Harry S. Moulton, defendants in error. Error from the District Court of Phillips County. AFFIRMED. SyllabW The question as to whether or not the In accordance with the directions of an act relating to redemption of bonds Issued to rail road companies, which took effect March 19 1887, I htreby give notice that the county of Klley, State of Kansas, will on the 9th day of January, 1898, at the tlsoal agency of the State of Kansas in the city of New York, State of New York, redeem the following described bonds Msued by the said county of Riley, to-wllr Numbers from 1 to 100, Inclusive of numbers 1 and 100. Issued January 3, 1888, in aid of the Chi cago, Kansas b Nebraska Kallway Company, each number being Itself a bond for 11,000. Holders of said bonds are hereby notlfltd that on the 4th day of February, ISM, said bonds will cease to bear Interest, and they are hereby noti fied, to present same at the said fUcal agency of the State of Kansas hereinbefore mentioned for redemption. J. W. LOWDKRMILK, County Treasurer of Riley County, Kansas. Manhattan, November 2i5. 1807. First publication December 1, 1897. Publication Notice. In the District court of Shawnee connty, Kansas II. L. Volckmer, Plaintiff, vs. I Lontsa T. Higgins, Henry No. 19149. B. Ulgglna and Nannie C. Martin, Defendants. ) To Lonlsa T. Biggins and Henry B. Hlggint: Yon will take notice that suit has been com menced against you and petition filed in the above entitled action In the District court of said county and State, and unless you answer said petition on or before the 14th day of Janu ary, 1898, said petition will be taken as tine and judgment rendered against you for the sum of t'268, with Interest from the 1st day of January, 1890, at 7 per cent, per annum, and foreclosing the motgage executed by you to secure said debt on lots 617, 619, 621 and 628 on Fillmore street in Martin St Dennis sub-dlvislon of the N. 100 acres of tha S. . M of Seo. 1, Twp. 12, R. 18 la said , county and f tate. and ordering said property sold, and excluding all said defendants from any right, title or interest iu or to said premises. WM. R. HAZEN, Attorney for Plaintiff. Attest: E. M. Cockkkij., scai.. Clerk District Court, 2 m n ttn. rTvrfirrx 1 11 1 ft V y s 1 1 1 1 1 it if j .: 1 ir ,' it j.: 1 v j l, 1 1 nn JUL k Eras V U UuliaLa o PROMPTLY 82WT TO EVESJY MAN VYMO NSZS3 A GENERAL OBACIMG UP. IT BRINGS PERFECT MANHOOD TO AL.U. Th,;iW5!r4n' PHYGICIAUS' INSTITUTE, Of ChiCCfjO, III. ftSATUITOUSLY. GLADLY SENT to all men who noed It and who will wrlto tor It. Ull IWHObll - . , . .. . . 1 .. h. m.n of tadaT ara tadlr In nal or xnm nn ami - --t-kih.V a hkw w""--.' - . . ik. amnam ara aua lo orflrwura. wurrj auu aaunrai uvitww ""u'"j caiMduetoarlr10M.MIwra irom . matte ra not. However, whj jgr. 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